New 401(k) Rule for High Earners Over 50 Nears Effect

A significant change to retirement savings rules is set to affect high-earning Americans over the age of 50. Starting in 2026, individuals earning more than $145,000 will be required to make their 401(k) "catch-up" contributions on an after-tax Roth basis, eliminating the upfront tax deduction for these specific savings.

This new regulation, part of the SECURE 2.0 Act of 2022, was influenced by public disclosures about billionaire Peter Thiel's $5 billion tax-free retirement account. The rule aims to increase federal tax revenue in the short term while altering the long-term savings strategies for many older, high-income workers.

A New Retirement Savings Mandate

The SECURE 2.0 Act of 2022 introduced a wide range of updates to the American retirement system. One of the most targeted changes is found in Section 603, which establishes a new requirement for older, high-income employees who want to save extra for retirement.

Specifically, the rule targets "catch-up contributions." These are additional amounts that individuals aged 50 and over can contribute to their 401(k) or similar retirement plans, above the standard annual limit. For 2025, the standard limit is $23,500, while the catch-up amount is an additional $7,500.

Under the new law, if an employee's wages from their employer in the prior calendar year exceeded $145,000, any catch-up contributions they make must be directed into a Roth account. This threshold is indexed for inflation and will be adjusted in future years.

The Catalyst for Change: Peter Thiel's Roth Account

The legislative push for this change gained significant momentum following a 2021 investigation by ProPublica. The report revealed that Silicon Valley billionaire Peter Thiel had used a Roth IRA, initially funded with low-value startup shares, to accumulate a staggering $5 billion fortune that could be withdrawn completely tax-free in retirement.

This revelation prompted scrutiny from lawmakers, including Senator Ron Wyden, who was then Chairman of the Senate Finance Committee. The ability for an individual to amass such a vast amount of wealth shielded from future taxes was seen as a loophole that disproportionately benefited the ultra-wealthy.

The policy aims to generate immediate tax revenue for the government. By forcing contributions to be made after-tax, the Treasury collects taxes now rather than deferring them until the funds are withdrawn in retirement.

While the rule was inspired by an extreme case of wealth accumulation, its impact is far broader. It will now affect upper-middle-class and high-earning professionals across the country as they enter their peak savings years before retirement.

How the Roth Catch-Up Rule Works in Practice

The implementation of this rule has several practical implications for both employees and employers. The IRS has provided a transition period through 2025 to allow plan administrators to prepare, with mandatory compliance beginning with the 2026 tax year.

For Employees

An individual aged 50 or over who earned more than $145,000 in the previous year will face a choice. If they wish to make catch-up contributions, those funds must go into a Roth 401(k). This has two primary effects:

• No Upfront Tax Break: Traditional pre-tax contributions reduce a person's taxable income for the year. Roth contributions do not, potentially leading to a higher tax bill in the present.
• Tax-Free Growth and Withdrawals: The major benefit of a Roth account is that all investment growth and subsequent withdrawals in retirement are completely free from federal income tax.

The decision of whether this is beneficial depends on an individual's financial situation, particularly whether they expect to be in a higher or lower tax bracket during retirement compared to their current working years.

For Employers

Companies that sponsor 401(k) plans face new administrative duties. The most critical requirement is that if a company wants to allow high-earning employees to make catch-up contributions, it must offer a Roth option within its 401(k) plan.

If an employer's plan does not include a Roth feature, then no employees earning over the $145,000 threshold will be permitted to make any catch-up contributions at all. This creates a strong incentive for companies to add or maintain a Roth 401(k) option to ensure all employees have access to the same savings opportunities.

The Financial Impact on Retirement Savings

The shift to mandatory Roth treatment for catch-up contributions changes the financial equation for high earners. The long-term outcome depends heavily on contribution behavior and future tax rates.

Consider a simplified example for a 50-year-old contributing the full $7,500 catch-up amount annually for 15 years, with a 5% annual return:

1. Pre-Tax Scenario (Old Rule): The account grows to approximately $161,839. If this is withdrawn in retirement and taxed at a 22% rate, the spendable value is about $126,235.
2. Roth Scenario (New Rule): The full $7,500 is contributed after-tax. The account grows to the same $161,839, but this entire amount is tax-free, yielding more spendable money in retirement.

However, the key challenge is that contributing $7,500 after-tax requires a larger portion of one's take-home pay than contributing $7,500 pre-tax. An individual in a 32% tax bracket would need to earn roughly $11,000 before taxes to make a $7,500 Roth contribution, compared to just $7,500 for a pre-tax contribution. This may limit the ability of some to contribute the full amount.

Preparing for the 2026 Deadline

As the 2026 implementation date approaches, both employers and employees should take steps to prepare. The transition period ending on December 31, 2025, is a critical window for plan adjustments and financial planning.

Employers need to confirm their 401(k) plans are compliant, particularly regarding the availability of a Roth feature and the administrative systems to track prior-year wages. Clear communication with employees will be essential to prevent confusion.

High-earning employees over 50 should review their retirement strategies with a financial advisor. They need to assess their current and projected future income and tax rates to determine how to best utilize the new Roth catch-up rules and plan for the potential increase in their current tax liability. This legislative change, born from a story of extreme wealth, is now a new reality for conventional retirement savers across America.